The Kentucky Department of Corrections sought this opinion as it looked at revising some of its administrative regulations concerning medical care for prisoners. Coleman was asked to determine whether denying such surgeries when deemed “medically necessary” by professionals would violate the constitutional prohibition on cruel and unusual punishment.
“Common sense dictates that it is not ‘cruel and unusual’ for the department to decline to spend taxpayer dollars on such controversial medical procedures,” Coleman’s opinion reads. “Fortunately, there is no controlling legal authority that compels the department to abandon common sense.”
Coleman told The Associated Press he was confident that his opinion would definitively resolve the matter.
“The idea that Kentucky taxpayers should be forced to pay for gender surgeries for convicted criminals was simply absurd,” he said.
The issue gained attention after a recent legislative committee meeting where the corrections department’s efforts to update rules for transgender inmates were opposed by some Republican lawmakers.
The Lexington Herald-Leader reported that the proposed updates aimed to expand protections for individuals who identify as transgender in prison by ensuring access to certain medical and mental health services and housing aligned with the gender they wish to identify as.
Gov. Andy Beshear, a Democrat, responded to the attorney general’s opinion, stating that the proposed regulation would be revised accordingly.
“But like medical coverage for any inmate, it has its limits,” Beshear told reporters. “In the end, we look at what’s reasonable. And I think what is reasonable is, in any circumstance, an inmate regardless of their gender identity should not have better access to health care than a law-abiding private citizen.”
The governor acknowledged the need to balance providing health care for those behind bars while also respecting taxpayers.
“It does appear that federal law requires some level of care, just not those surgeries,” he said.
Beshear said it was important to find the right balance.
“It would be unconstitutional and it would be wrong to provide no specialized care at all,” he said.
In response, the Kentucky Republican Party criticized Beshear’s administration’s handling of the issue.
“As governor, he is responsible for policies and regulations that are put in place by his administration. He’s either leading this administration or he’s not,” Andy Westberry, the state GOP communications director, said in a statement.
Republican state Sen. Steve West said he was grateful for the attorney general’s opinion and that it brought “clarity” to the issue and reflected both “legal precedent and the practical expectations of Kentuckians.”
“Moving forward, I urge the department to engage more openly with lawmakers and the public as we work to ensure that policies are implemented responsibly and in a manner consistent with the law,” he said in a statement.
The recent actions come amid a broader context of the transgender issue in Kentucky. In 2023, Kentucky lawmakers banned access to transgender procedures for youth. Earlier in 2022, the state Legislature prohibited males who identify as transgender girls or women from participating in female school sports from sixth grade through college.
